General Terms and Conditions Message To The Moon
Filed with the Chamber of Commerce under number 72828617
General Terms and Conditions Message To The Moon
Filed with the Chamber of Commerce under number 72828617
The 8 intergalactic values of Message To The Moon
1. All customers are king
2. Contract is contract, always transparent and clear. And at least for a year, which is more advantageous
Message To The Moon stands for transparent agreements. In order to keep prices low and the service of good quality, it is important to record these agreements in a contract. Message To The Moon purchases its services for the long term, which benefits its customers. For that reason, Message To The Moon does not conclude contracts with customers for a period of one month, but always with a minimum duration of one year or more. Transparent and clearly defined.
3. Always the best possible solution
Message To The Moon wants to be a knowledge expert for its customers. No turbo language, but sober words. Sincere attention. Always with the best possible solution for customers who give us the confidence.
4. We like to solve matters
Message To The Moon stands for mutual trust. We are entrepreneurs. So deal is deal. In the unlikely event that something goes wrong, we always solve it together.
5. Automating business yields many benefits
Message To The Moon keeps prices low by automating communication. In this way, customers are always informed when it comes to maintenance, malfunction, invoice or contract matters.
6. Who writes stays
Customers can contact the Message To The Moon helpdesk 24 hours a day by telephone, e-mail, post or chat for answers to urgent and less urgent questions. All answers will also be confirmed in writing. Very easy.
7. Legislation is always leading
The privacy and rights of Message To The Moon customers are sacred. Message To The Moon sleeps with the Telecommunications Act and the General Data Protection Regulation under its pillow.
8. We don’t just aim for the moon, but also give something back to the earth.
That is why Message To The Moon applies the strict ISO 26000 and 27001 standards when it comes to sustainable business practices. The ambition is to become greener than KPN.
Article 1. Definitions
General Terms and Conditions: these General Terms and Conditions
Customer Equipment: equipment or equipment owned or controlled by the Customer, with the exception of equipment or equipment made available by Supplier or on behalf of Supplier;
Equipment: all equipment or equipment made available to the Customer by the Supplier or on behalf of the Supplier for the provision of the Services;
Contract Period: the period for the provision of Services as agreed between Customer and Supplier and stated on the Order Confirmation or, if the contract period is not stated on the Order Form, as set out in these General Terms and Conditions;
Service or Services: all services provided by the Supplier to the Customer;
Service description: the specification of a Service to be performed by the Supplier;
Next Expiry Date (EED): End date of Customer’s Service contract. The Service Contract is entered into for a period of X + Y = initial duration, in years. In the event of a so-called interim termination, a minimum of €75 in administration costs will be charged. If the Service Contract is not canceled in writing on Customer’s letterhead before the end of period X, the Service Contract will continue during period Y up to and including the agreed initial term of X + Y and can be terminated if it is terminated at least 1 month before the end of the period. term is terminated in writing, see also Article 11.1 and Article 11.9.
Fair Use Policy (FUP): conditions that the Supplier sets when using services with an unlimited user limit
Customer: the (legal) person who enters into a Service Contract with the Supplier
Costs: the costs that the Customer owes the Supplier for the Services provided to it by the Supplier, as further described in Article 7;
Credit limit: the amount disclosed to the Customer by the Supplier from time to time, being the amount that the Customer may owe before the Supplier requests the Customer to make a payment, as further specified in Article 8. In the event of the Customer has not agreed on a specific Credit Limit, it will be assumed to amount to € 100;
Supplier: Message To The Moon, registered with the Amsterdam Chamber of Commerce under number 72828617, located at Weesperplein 4B in Amsterdam, the Netherlands;
Minimum Monthly Cost: a minimum amount, as included by Supplier, which Supplier can charge the Customer per month regardless of any use of the Service by or on behalf of the Customer, the “minimum spend”. The minimum spend is equal to the expectation that the customer aroused when entering into the contract by issuing consumption indications;
Network: the communication network managed by the Supplier or an Affiliated Company;
Telecomprotect: during the agreed contract period, the Supplier reserves the right to protect the customer against number migration. If the Customer cancels in accordance with the conditions, Telecomprotect will be switched off, unless the Customer does not order number migration after cancellation. In the event of porting out without a valid cancellation, the Supplier will proceed with the porting back in accordance with Telecomprotect and continue the service;
Opt-out: An intended change to a clause included in an agreement regarding duration, duration and price entitles the customer to terminate the contract free of charge 30 days before the relevant change takes effect.
Order Confirmation: the electronic and written confirmation of the agreement containing the Service Description as concluded between Supplier and Customer and sent by Supplier to Customer;
Order Form: An order duly signed by the Customer regarding MTTM Services offered by the Supplier by submitting the Supplier’s standard form or any other means accepted by the Supplier, including, but not limited to, the return of a signed reply card or fax and placing an order by telephone.
Switching window: A switching window is the period during which the customer can switch to a new provider. The transfer window takes place after the end date of the contract and is for a period of 3 months.
Service Contract: the order form, the order confirmation, the SLA, these General Terms and Conditions and, in the case of ICT services, the FENIT terms and conditions together form the Service Contract;
Service Level Agreement (SLA): the document that describes the level of service with regard to the Services.
Final note: Should the Customer leave prematurely, the total amount of Costs, Invoices and the remaining months of the Contract Period will become immediately due and payable.
Breaking point Contract: In an X+Y contract there is the possibility to terminate the service contract in the interim for a fee with due observance of the notice period of 3 months, unless otherwise agreed in writing.
Article 2. General provisions
2.1 These General Terms and Conditions apply to all offers and agreements of the Supplier.
2.2 In the event of a contradiction or difference between a provision in the order confirmation and a provision in these General Terms and Conditions, the provision in the Service Contract shall prevail insofar as it concerns subjects that can be further agreed upon by means of the Service Contract.
2.3 The applicability of any purchase or other conditions of the Customer is expressly rejected.
2.4 The rights and obligations under the agreement can be transferred by the Supplier to another entity at any time without changing the conditions, with regard to both price and duration.
Article 3. The services
3.1 The Supplier shall provide the Customer with Services in accordance with what has been laid down in the Service Contract.
3.2 The Supplier has the right to change the Services or to replace certain parts, whereby the essential character of the Service will be maintained.
3.3. The Supplier is entitled to perform the Service Contract in parts. If this takes place, the Supplier is entitled to invoice each delivered part separately from the moment that this part in question has been delivered. When the Supplier is waiting for information and/or action from the customer, it is entitled to charge the costs prior to the actual delivery.
3.4. Message To The Moon reserves the right to notify the customer with a notice period of 30 days if there is a change in duration, duration and price of the contract, and in the absence of an explicit opt-out, to implement the proposed change in its entirety .
Article 4. Creation of a Service Contract
4.1 After the Customer agrees to the requested Service, the Supplier confirms this by means of an electronic or written Order Confirmation. The order confirmation, the relevant Order Form, the SLA Free and these General Terms and Conditions together form the Service Contract.
4.2 By means of the order form, the Customer authorizes the Supplier to terminate the subscription with a previous supplier if the Supplier deems this necessary to proceed with the provision of the Service.
It also authorizes the Supplier to submit requests to ACM, among others, for the termination, porting and activation of its numbers, among other things. By default, Supplier activates and transfers all Customer service numbers that are and will be registered with ACM.
4.3 The Supplier is not obliged to accept the Order Form completed by the Customer. If the Supplier does not accept the Order Form, the Customer shall not be entitled to any compensation.
4.4 The Supplier shall provide the Service in accordance with the provisions of the Service Contract and with due observance of all reasonable care and knowledge.
4.5 Unless the Customer informs the Supplier in writing and with reasons within 5 working days after delivery of the Service that the Service does not function in accordance with the Service Contract, the Service is deemed to have been delivered as agreed.
Article 5. Obligations of the customer
5.1 The Customer shall not use the Services for unlawful purposes.
5.2 Customer shall immediately notify Supplier if passwords or other confidential information provided by Supplier to Customer has become known to an unauthorized user.
5.3 Customer shall only connect equipment and/or networks to the Network which Supplier has approved and which, where applicable, have been approved and meet the standards for normal use and for which Customer holds a valid license if necessary.
5.4 During the term of the Service Contract, the Customer shall comply with the reasonable instructions provided by the Supplier for the use of the Services.
5.5 the Customer shall not provide any information or warranty regarding the Services to any third party.
5.6 The Customer indemnifies the Supplier against all third-party claims and against all damages, costs (including legal costs), and expenses that the Supplier must incur as a result of the Customer’s (or its customers’) non-compliance with the Service Contract of the Services.
5.7 if the Customer has entered into a subscription with the Supplier whereby the Customer can make unlimited use of services at a pre-agreed fixed price, a Fair Use Policy (FUP) applies to this subscription. The FUP states that if a monthly evaluation shows that the Customer consumes 15% more than the unlimited amount, the subscription will be adjusted. The full FUP is available on the website (www.messagetothemoon.nl/fup).
Article 6. Equipment of the customer
6.1 If Customer’s Equipment is located on Supplier’s premises, or vice versa, Customer agrees to the following:
– The location of the Customer’s Equipment will be determined by the Supplier. Supplier shall be entitled, subject to reasonable notice, to change the location where Customer’s Equipment is located;
– The Client will ensure that there is no question of a tenant/landlord relationship;
– Upon termination of the relevant Service Contract, the Customer shall immediately remove the Customer’s Equipment from the Supplier’s business premises. If the Customer fails to do so, the Supplier shall be entitled to remove the relevant Equipment from the Customer at the expense and risk of the Customer;
– The Customer shall not disclose usernames, passwords or information about security certificates to unauthorized persons and shall not withhold any keys or cards that give access to Supplier’s premises;
– The Customer will take out comprehensive insurance for all Equipment of the Customer that is installed in the business premises of the Supplier;
– The Customer shall ensure that persons entering Supplier’s premises on behalf of the Customer:
— do not cause damage to persons or property;
— carry identification;
— do not perform any actions on other equipment in the Supplier’s business premises;
— inform the supplier about this one working day in advance;
— observe all health and safety regulations of which the Supplier informs the Customer from time to time.
Article 7. Costs
7.1 After agreement between the Supplier and the Customer on the Costs for the provision of Services, these Costs will apply for the agreed contract period, or another agreed period. At any time after the end of the contract period or other agreed period, the Supplier may make changes to the Costs, only in writing and with due observance of a notice period of 30 days. The supplier can apply a reasonable inflation price indexation twice a year (1 January and 1 July respectively) (determined on the basis of the price inflation index of the CBS), without notifying the customer in writing in advance.
7.2 Unless stated otherwise, the Costs are exclusive of VAT; The Supplier will increase the amount of VAT on the invoice amount.
7.3 Costs related to the delivery of customer-specific procurement if, for example, ACM allocation costs are settled.
7.4 The supplier reserves the right to adhere to KPN’s pricing, for example when the customer switches services to a supplier and does not specify all services to the supplier in advance and these are taken over when switching.
7.5 A If the Customer does not cooperate with ACM-related requests or conditions applied by the Supplier at its first request, the Supplier reserves the right to charge the administrative costs / compensation to the Customer with a minimum of €750.00.
7.5 B.If the Customer terminates the Service and/or the Service Contract without cancellation by means of a switch or porting to another provider, the Supplier is entitled to charge the Customer administrative costs / compensation of €750.00 for all costs incurred by the Supplier. through this switch, or porting, without notice from the Customer. Costs incurred by the Supplier include, among other things, the administrative weighted average of the preconceived purchase (prognosis), failure to meet the unforeseen purchase volume, penalty or final invoice, failure to comply with its purchase contract for Service, connection and termination of services/lines, stop or correct manual invoicing, on the basis of this sudden decision taken by the Customer and the man-hours for checking, requesting the expression of will.
7.5 C. If the Customer requests a final invoice or is charged for it due to sudden termination of the contract (including, but not limited to, the situation as described in Article 7.5B), this pro forma will be issued and upon payment the supplier will assume indicates that the customer has consciously chosen to buy out the contract.
7.5 D. Administrative costs of € 79 (excluding VAT) per order will be charged to the Customer for handling the cancellation / termination of the service and/or drawing up a final invoice.
7.5 E. The Supplier assumes that Telecomprotect is switched on. The moment Supplier receives a sudden switching or porting request, Supplier will have to contact the desired successor provider. These costs are higher than if the Supplier had been notified by the Customer in writing. To avoid these administrative/compensation costs of € 750.00, we advise the Customer to complete its Service Contract, or to use the COIN transfer service at its new supplier, or to terminate its Service Contract in writing by using Customer letterhead.
7.6 The Supplier reserves the right to charge all administration costs if necessary. This includes €1.25 for receiving the invoice by post and €2.50 per invoice if the customer does not use SEPA B2B direct debit (Business-to-Business) or another form of direct debit agreed in writing.
7.7 In the event of cancellation, the Supplier reserves the right to charge cancellation costs with a minimum of €25.00.
Article 8. Payment conditions
8.1 Supplier shall send invoices to the billing address stated on the Order Form or to any other address specified by Customer to Supplier at any other time.
8.2 The Customer’s payment obligation is in accordance with the following provisions:
– Costs of rental/rental are invoiced afterwards (either monthly, quarterly, half-yearly or annually). Costs are made transparent per month by means of specification in the portal, starting from the date stated in the relevant Service Contract;
– All Charges for using the Services must be paid monthly in arrears; other Costs no later than 14 days after the invoice date or in accordance with the provisions in the applicable Service Contract insofar as they state otherwise;
– The Supplier reserves the right to change the billing frequency of its services, for example monthly invoices can be replaced by quarterly invoices or quarterly invoices by (semi-)annual invoices;
– If the Client indicates that it wishes to pay for the Services per quarter, half year or year, this will be done once per quarter, half year or year by means of a deposit/advance invoice. The actual settlement will then still take place afterwards.
–When signing the agreement, the Customer gives Supplier permission to charge a deposit equal to the total amount of the desired billing period plus 10% in traffic costs when billing per quarter, half year or year. This deposit serves as prompt settlement against all costs that the customer owes on the basis of the provisions of the agreement. The Supplier can collect the deposit by direct debit. The deposit charged will be deducted from costs incurred in the transfer window after the end date of the contract. The deposit is not eligible for a refund, not even in the event of bankruptcy of one of the parties, and serves to reimburse the last 3 months of the contract and/or the installation costs, which have been given as a discount out of leniency.
– If Supplier does not charge a one-off installation fee and Customer does not complete the contract for any reason, Supplier reserves the right to reverse any installation charges pre-credited or omitted, based on the above premise and the Supplier’s standard installation rates applicable at that time.
8.3 The Customer:
– will pay the invoice due within the payment term indicated on the invoice. If the Customer disputes the invoice in whole or in part, the Customer must notify Supplier in writing within 19 days of the invoice date of the exact disputed amounts and stating the reasons;
– is not entitled to offset any amount against an outstanding invoice amount;
– is obliged to pay via SEPA B2B (Business2Business) direct debit unless agreed otherwise in writing. The Supplier will provide the required authorization forms and instructions for this.
8.4 From the moment that the Customer does not or does not fully pay an invoice to the Supplier, the Customer will be in default by operation of law and all outstanding invoice amounts owed by the Customer to the Supplier will become immediately due and payable. In addition, the Supplier is entitled to charge interest of 1% per month or part of a month on all amounts thus due and payable, calculated from the date on which the payment became due and payable until the day of full payment. In addition, a reasonable administrative fee with a minimum of € 25.00 must be paid for the late payment.
8.5 Without prejudice to the provisions of this paragraph, the Customer must reimburse the Supplier for all judicial and extrajudicial costs / compensation and expenses incurred for the collection of the claim. The extrajudicial costs will be calculated according to the collection rate of the Dutch Bar Association, which amount to 15% of the principal sum, with a minimum of € 250.00 free of VAT, without prejudice to the Supplier’s right to claim to the Customer the costs actually incurred / damage suffered. to charge.
8.6 The Supplier has the right to unilaterally adjust the payment terms and the amount of the Credit Limit of the Customer by means of a timely written notice.
8.7 The Supplier has the right to set off amounts that are due from the Customer under a Service Contract against any amounts owed by the Supplier to the Customer.
8.8 The Supplier has the right to suspend the performance of the Services at the moment the amount owed by the Customer to the Supplier (including amounts that have already been invoiced as well as amounts for Services that have already been provided but that still have to be invoiced including VAT) exceeds the Credit Limit.
8.9 If the invoice amount is less than €20.00, the Supplier reserves the right to postpone the invoicing of these Costs for a maximum of 12 months from the moment the Costs have become due and payable. If the Charges have not been invoiced for a period of more than 12 months due to an administrative error, this article will not release the Customer from its payment obligation for these Charges.
8.10 Without prejudice to the above, Supplier has the right to charge the Customer Minimum Monthly Costs, regardless of actual use of the Service by or on behalf of the Customer in that month. The minimum costs are related to the volume expectations outlined by the Customer in the contract and are at least 80% of the expected volume.
8.11 The Supplier shall fulfill its payment obligations for Fee within 50 days after the end of the month and only after receipt of funds from the operator, unless expressly agreed otherwise in writing.
8.12 As long as the Customer or former Customer has outstanding invoices, with or without specifications, the Supplier cannot remove the personal and administrative data due to the outstanding claim(s) still to be collected.
Article 9. Intellectual property rights
9.1 The Customer acknowledges and agrees that it has no right to intellectual property rights that could arise from the use of the Services offered by the Supplier.
9.2 All intellectual property rights used in, embodied in, or in connection with the Services shall vest in Supplier or the licensee. No (intellectual) property right associated therewith will be transferred to the Customer, unless explicitly agreed.
9.3 The provisions of Articles 9.1 and 9.2 do not relate to intellectual property rights arising from information that the Customer itself receives using the Services.
9.4 The Customer shall not perform any (legal) acts that infringe the rights of the Supplier (or of a third-party supplier) with regard to the Services, that limit these rights or impede their exercise. The provisions of this paragraph include, but are not limited to, the use of Supplier’s trade name or trademarks belonging to Supplier.
9.5 If the Supplier provides software to the Customer via the internet in order to enable the Customer to use the Services, the Supplier will grant the Customer a non-exclusive, non-transferable license during the term of the Service Contract relating to the relevant Services. to use the software for that purpose. The Supplier will periodically inform the Customer of the conditions that apply to this license in the Netherlands.
9.6 Unless permitted by law and expressly authorized to do so under the Service Contract or any other agreement concluded between the Customer and the Supplier, the Customer is not permitted to copy or use software, manuals or other documents associated with the Services without the prior written consent of the Supplier. to process.
Article 10. Liability
10.1 Without prejudice to the provisions of Articles 10.2, the total liability of the Supplier towards the Customer arising from a Service Contract and/or these General Terms and Conditions, whether in tort (including negligence) or otherwise, is limited to €3,000 per damage-causing event where successive events will be regarded as one event.
10.2 The Supplier assumes no liability towards the Customer
– loss of profit, lack of expected savings, loss of sales, deteriorated prospects, loss of income, loss of time, loss of goodwill or damaged reputation, or loss of or damage to data (including damage and restoration of data), fines, or damage suffered by third parties, regardless of whether this concerns direct damage, indirect damage or consequential damage;
– indirect damage or consequential damage, regardless of whether the Supplier was aware of the circumstances that gave rise to the damage or not, arising from or related to these General Terms and Conditions and/or a Service Contract.
10.3 The Supplier shall not be liable for any damage whatsoever to the Customer’s business premises caused by the installation, repair or removal of equipment by the Supplier’s agents unless such damage was caused by the willful misconduct or gross negligence of the Supplier’s agents, all this always with due observance of the restrictions contained in Articles 9.2 and 9.3.
10.4 Supplier shall have no liability to Customer for any incident beyond Supplier’s control, including, but not limited to, failures of third parties operating beyond Supplier’s control (including other telecom companies, equipment suppliers, installers or maintenance engineers), government measures, failures in the provision of services of the network of a third party, or any other case of force majeure.
10.5 The Supplier’s liability for shortcomings in the performance of an SLA is limited to the compensation scheme as included in the SLA.
10.6 Unless expressly set out in these General Terms and Conditions and/or the Service Contract and/or associated SLA, the Customer may change any representations, warranties and promises, express or implied, by law, custom or otherwise (including with respect to quality and suitability) no rights whatsoever can be derived.
Article 11. Duration and Termination
11.1A Service Contract takes effect on the date on which the Service is made available. The Service Contract is entered into for a period of X + Y = initial duration, in years. Unless explicitly agreed otherwise, an initial term of 2 + 2 years = 4 years is used. This initial term can be terminated prematurely after X years if it is canceled in writing at least 1 month before the end of X years. A cancellation must take place with due observance of a standard notice period of at least 90 days, unless it is stipulated by law that this period may amount to 30 days, as is the case with small business and private customers. Cancellation is possible after “X” years if it is canceled in writing and digitally with a maximum of 4 months and at least 1 month before the end of “X” or “Y” years. A cancellation with number portability can be submitted up to six months before the end date. Cancellation must at all times be made known to Message To The Moon both digitally via the invoice portal and in writing on the customer’s letterhead and signed. Message To The Moon reserves the right to refuse the cancellation if the cancellation does not meet the conditions set by the customer. In the case of this so-called interim termination, an administration fee of €75 will be charged. If not canceled in time before the end of period X, the Service Contract will continue during period Y up to and including the agreed initial term of X + Y and can be terminated if this is done in writing and digitally at least 1 month before the end of the initial term. is cancelled. After the expiry of the initial term and without timely cancellation, the Service Contract will be continued indefinitely with a notice period of 1 month. A different term of notice can only be agreed in writing. If the end date approaches, the Supplier will proactively point out to the Customer the possibility of cancellation and offer a new contract. The offer for the new contract will be made known to the Customer in various ways, by means of opt-in and/or opt-out and is always accompanied by a discount or other benefit for the Customer. In this way continuity of service is guaranteed. If the end date approaches, the Supplier will proactively point out to the Customer the possibility of cancellation and offer a new contract. The offer for the new contract will be made known to the Customer in various ways, by means of opt-in and/or opt-out and is always accompanied by a discount or other benefit for the Customer. In this way continuity of service is guaranteed. If the end date approaches, the Supplier will proactively point out to the Customer the possibility of cancellation and offer a new contract. The offer for the new contract will be made known to the Customer in various ways, by means of opt-in and/or opt-out and is always accompanied by a discount or other benefit for the Customer. In this way continuity of service is guaranteed.
11.2 In addition to its other rights, the Supplier is entitled at all times, without notifying the Customer, to suspend its obligations under the Service Contract:
– immediately after the Supplier has sent the Customer a written demand with due observance of a period of 14 days in connection with late payment of the Costs and the Customer has not made payment after this period; or
– immediately by means of a written notification if the Customer seriously fails to comply with its obligations towards the Supplier; or
– in the event of bankruptcy, suspension of payment of the Customer (or the parent company of the Customer); or
– as soon as the Supplier is obliged to do so pursuant to a decision or regulation of a government agency or administrative body.
11.3 A Upon termination of the Service Contract, the total amount of invoices and Charges due up to the end date of the Service Contract under the relevant Service Contract shall become immediately and fully due and payable by the Customer’s Supplier. In this case, the Customer is not entitled to set off or withhold any amount or to suspend payment
11.3 B Upon termination of the Service Contract, the total amount of invoices and Charges due up to the date of termination under the relevant Service Contract shall become immediately and fully due and payable by the Customer’s Supplier. In this case, the Customer is not entitled to set off or withhold any amount or to suspend payment.
11.4 On the end date of the Service Contract, the Customer must immediately cease using the Service(s) described in the Service Contract and the right of the Customer to use the Service in question will be terminated with immediate effect.
11.5 Termination or expiration of a Service Contract shall not affect any accrued rights or obligations or any provisions that were intended to remain in force or become effective.
11.6 In the event that the Supplier suspends the Services to the Customer due to a failure on the part of the Customer, the Supplier may charge the Customer reasonable costs for reactivating the Service.
11.7If the Customer cancels an existing order in writing before the “PD” (Supplier Promise Date) or if the Customer requests Supplier in writing to significantly change an existing order (such as address changes, changes to the Service(s), changes of point of presence ), the Customer is obliged to reimburse the Supplier for all costs resulting from the cancellation or change, notwithstanding the other rights of the Supplier. The amount owed by the Customer to the Supplier on this basis is the Costs for the use of the Services and/or Equipment for at least 75% of the minimum agreed duration and the associated annual costs. If the Supplier does not charge installation costs for the Service or if a discount with regard to the installation costs has been agreed in the relevant Service Contract, the Supplier reserves the right to charge the costs due to cancellation or change to the Customer on the basis of the the above starting point and the Supplier’s standard installation rates applicable at that time. In addition, the Supplier is entitled to charge all costs it has incurred on and prior to the day that the Supplier has received the written request for cancellation or change from the Customer in connection with the provision of the Service (for example: costs related to the Network; costs associated with obtaining agreement with the building owner). Supplier reserves the right to pass on the costs for cancellation or change to the Customer based on the above premise and Supplier’s standard installation rates applicable at that time. In addition, the Supplier is entitled to charge all costs it has incurred on and prior to the day that the Supplier has received the written request for cancellation or change from the Customer in connection with the provision of the Service (for example: costs related to the Network; costs associated with obtaining agreement with the building owner). Supplier reserves the right to pass on the costs for cancellation or change to the Customer based on the above premise and Supplier’s standard installation rates applicable at that time. In addition, the Supplier is entitled to charge all costs it has incurred on and prior to the day that the Supplier has received the written request for cancellation or change from the Customer in connection with the provision of the Service (for example: costs related to the Network; costs associated with obtaining agreement with the building owner).
11.8 If the Customer cancels a Service after the PD date and before the contract period has expired, then all Costs that the Customer would owe the Supplier until the end of the contract period (including a notice period if applicable) will be immediately and fully due and payable.
11.9 If the customer has canceled a Service and wishes to continue the Service with another provider, the receiving provider must realize this through the switching service COIN.
11.10If the Customer cancels a Service, and does not indicate that he wishes to terminate the service, the Supplier assumes that the Customer wishes to use the legal right to number portability. However, if the number is not migrated within the notice period after the termination date message sent by the Supplier, the supplier assumes that a new contract has been concluded on the same terms as before, without discount, with a minimum duration of 12 months or where a minimum of € 90 is charged monthly for expenses incurred for keeping the telephone number active on the Supplier’s platform. A cancellation must take place with due observance of the agreed notice period of at least 1 month.
Article 12. Protection of personal data
12.1 Parties agree that they will fulfill their obligations under the laws and regulations with regard to the protection of personal data and that they have all
necessary registrations and permits, including (as far as the Client is concerned) those registrations and permits that the Client must have to enable Supplier to process personal data in connection with the performance of
Supplier’s obligations under a Service Contract and/or these General Terms and Conditions. Further information about the processing of personal data by Message To The Moon is given in the “Privacy Statement” which can be found on the Website. The Privacy Statement can be requested at any time via firstname.lastname@example.org.
12.3 This provision only applies to personal data. The Customer agrees that the Supplier, with due observance of the applicable laws and regulations, collects data about the use of the Services by the Customer as well as other personal data that the Customer provides to the Supplier and makes this data available whether or not established outside the European Union:
– Affiliated Companies with the intention of using or. process for purposes related to Supplier’s telecommunication services or other services related to these Terms and Conditions;
– government authorities or administrative bodies in order to comply with applicable laws and regulations and instructions imposed on Supplier by such authority;
– third parties with whom Supplier has agreed to support Supplier in providing the Services or advertising other services. The Supplier is not entitled to sell personal data to these third parties without the prior consent of the Customer.
12.4 At its request, the Supplier will provide the Customer with information about all personal data held by the Customer and the Supplier will correct the information identified by the Customer as incorrect.
12.5 Supplier is entitled to transfer the customer to its legal successor, without requiring written permission from the customer.
Article 13. Confidentiality
13.1 In this clause, “Confidential Information” means any confidential information provided (whether written, oral, direct or indirect) by one of the parties to the Service Contract (the “Disclosing Party”) to the other party (the “Receiving Party”). Party”), before or after the conclusion of the Service Contract, including but not limited to information relating to products of the Disclosing Party, its activities, business processes, intentions, product information, know-how, trade secrets, intellectual property rights, market conditions and business operations . These General Terms and Conditions, the Service Contract and the provisions contained therein also fall under the term “Confidential Information”.
13.2 During the term of a Service Contract and after its expiry, the receiving Party shall:
– refrain from using Confidential Information for any purpose other than fulfilling its obligations under a Service Contract and/or these General Terms and Conditions;
– not disclose Confidential Information to third parties, unless this is done with
prior written consent of the Disclosing Party or unless otherwise provided in Section 12;
– make every effort to prevent the use or disclosure of Confidential Information.
13.3 The Receiving Party is permitted to disclose Confidential Information to its directors, employees and subcontractors (hereinafter: “Third Party Recipient”) provided that such disclosure is necessary for the performance of a Service Contract.
13.4 Before disclosing any Confidential Information to a Third Party Recipient, the Receiving Party must satisfy itself that the Third Party Recipient is aware of the Receiving Party’s obligations under these Terms and Conditions and that the Third Party Recipient will as if he were a party to the Service Contract.
13.5 The provisions of paragraphs 2 to 4 do not relate to Confidential Information:
– which was already known to others than the Receiving Party at the time of the entry into force of the Service Contract or at any time thereafter, unless this was due to a shortcoming on the part of the Receiving Party or a Third-Party Recipient;
– where the Receiving Party can demonstrate to the Disclosing Party’s satisfaction that the Receiving Party was already aware of the Confidential Information at a time prior to disclosure by the Disclosing Party to
the Receiving Party;
– which comes to the knowledge of the Receiving Party by reason other than under the Service Contract and which comes to its knowledge without restrictions on use or disclosure; or
– which must be made public pursuant to applicable laws and regulations.
Article 14. Retention of title
14.1 All goods delivered by the Supplier under the agreement remain the property of the Supplier until the Customer has properly fulfilled all obligations under the agreement(s) concluded with the Supplier. The Customer is not authorized to pledge or encumber in any other way the goods subject to retention of title.
14.2 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Customer is obliged to immediately inform the Supplier thereof.
14.3 The Customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against damage or alienation. In the event of any payment from the insurance, the Supplier is entitled to these monies.
Article 15. Final provisions
15.1 Dutch law applies to the Service Contract. The applicability of the Vienna Sales Convention 1980 is excluded.
15.2 Any disputes will be handled by a competent court in Amsterdam.
15.3 The Supplier is entitled to amend these General Terms and Conditions. The changes will take effect four weeks after the announcement or at a later date stated in the announcement.
15.4 A Service Contract contains all currently applicable agreements between the Supplier and the Customer with regard to the Services and supersedes all previously made written and oral agreements between the Supplier and the Customer, with the exception of those agreements which are expressly stated therein. are excluded.
15.5 If any provision of these General Terms and Conditions and/or the Service Contract is (in whole or in part) invalid, the other provisions of these General Terms and Conditions and/or the Service Contract will remain in full force. Furthermore, the invalid provision will be deemed to have been replaced by a provision with the same purpose as far as possible.
15.6 During the term of a Service Contract and for a period of 6 (six) months after its termination, the Customer is not permitted to offer employees of the Supplier employment with the Customer or to attempt to do so.
15.7 Numbers assigned to Customer by Supplier may be changed by Supplier, with due regard for reasonableness and fairness, for operational or other reasons.
15.8 The Customer authorizes the Supplier to make public announcements regarding the fact that the Customer is a relationship of the Supplier. Unless agreed to in writing by the Customer, such communications shall make no reference to the financial importance of the Services or any other material element thereof. The customer is not permitted to make statements about this that could be harmful to the Supplier, on penalty of a minimum of € 1000.- per day it continues.
15.9 The Customer shall not be entitled to assign or otherwise transfer a Service Contract or the rights and obligations thereunder without the prior written consent of the Supplier, which consent shall not be unreasonably withheld or delayed. If the Customer wishes to assign or otherwise transfer the Service Contract or the rights and obligations thereunder to an Affiliate or any other party, the Customer must provide a reasoned written request to this effect at least 3 (three) months prior to any transfer. to be submitted to the Supplier. Supplier is entitled to assign or otherwise transfer a Service Contract or the rights and obligations arising therefrom to an Affiliate of equivalent financial position.
15.10 The Supplier has the right to have its obligations under a Service Contract and/or these General Terms and Conditions (including maintenance obligations) performed by a third party without the prior consent of the Customer, on the understanding that the Supplier remains responsible for the fulfillment of these obligations.
Then the question: how can you become a customer? On this page, there are three ways.
- Call us
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Once on the phone, we take you through the entire process and get you off to a great start as a new client of Message To The Moon.